Mohd Hishamudin Yunus J:

This is an appeal by the appellant/plaintiff against the decision of the learned Sessions Court Judge who, in allowing the plaintiff's claim for negligence (running down) against the respondents/defendants, made a finding that the plaintiff was guilty of contributory negligence; and, as a consequence, reduced the award by 25%.

The appeal is against the finding of contributory negligence as well as on quantum.

The facts of the case are as follows.

On 23 March 1998, a road accident occurred along the Klang-Port Dickson main road, at km 62. Tne accident involved a collision between a motorcycle and a lorry. The motorcycle was driven by the deceased husband of the plaintiff, whilst che lorry was driven by the 1st defendant. The deceased husband of the plaintiff died of injuries sustained as a result of the accident. He was 27 years old when he died.

The 1st defendant is sued by the wife and children of the deceased, as dependants, for the tort of negligence, whilst the second defendant, as the registered owner of the lorry as well as the employer of the 1st defendant, is sued for vicarious liability in respect of the tort of the 1st defendant.

The dece